What should I watch out for in a separation agreement about selling the marital home and splitting the proceeds? – North Carolina Short Answer In North Carolina, a separation agreement can set the rules for selling a jointly owned marital home and dividing the net proceeds, but the agreement needs clear, practical terms for the…
How do I fill out a state action cover sheet that came with an affidavit of marriage? – North Carolina Short Answer In North Carolina, a “state action cover sheet” is usually a court filing cover page used when starting (or sometimes adding to) a case in the Clerk of Superior Court’s office. An affidavit…
What proof of cheating is helpful for support or fault issues, and do texts, call logs, and social media messages count? – North Carolina Short Answer In North Carolina, “cheating” can matter most in spousal support cases (postseparation support and alimony) and in certain fault-based claims, because the law treats adultery (called “illicit sexual behavior”…
What should I expect at a hearing about interim distribution, especially when my spouse is asking for personal property from inside the home? – North Carolina Short Answer In North Carolina, an interim distribution hearing is a short, pretrial hearing in an equitable distribution case where the judge can temporarily divide some marital or divisible…
What happens if I submit the cover sheet with wrong or incomplete answers? – North Carolina Short Answer In North Carolina, wrong or incomplete answers on a court “cover sheet” (often called a Civil Action Cover Sheet) can delay the case because the Clerk of Superior Court may reject the filing, require corrections, or accept…
How are property and debts typically divided in a divorce? – North Carolina Short Answer In North Carolina, property and debts are divided through a process called equitable distribution. The court starts with a presumption that an equal (50/50) division of marital and divisible property and debt is fair, but it can order an unequal…
How can I change or protect a 50-50 custody order if frequent arguments are disrupting exchanges and decisions? – North Carolina Short Answer In North Carolina, a 50-50 custody order stays in place unless a court changes it, and a court generally will not change it without a substantial change in circumstances that affects the…
How is a buyout amount calculated if I want to keep the house, and can the court consider that I’ve been paying the bills and improvements? – North Carolina Short Answer In North Carolina equitable distribution, a “buyout” for a house usually starts with the home’s net equity (fair market value minus mortgages/valid liens and…
Can a separation agreement include a deal where one parent agrees not to file for child support, and is that enforceable? – North Carolina Short Answer In North Carolina, parents can put child-support terms in a separation agreement, but they generally cannot permanently bargain away a minor child’s right to support by promising “not to…
How do I obtain my marriage certificate for a legal proceeding? – North Carolina Short Answer In North Carolina, a marriage certificate is kept by the county Register of Deeds (where the license was issued) and is also reported to the State Registrar. For most legal proceedings, the safest approach is to request a certified…